NJ · rules
N.J. Ct. R. 4:83-4
Venue
(a) Where the Surrogate's Court May Not Act. In an action brought because the Surrogate's Court is barred from acting by R. 4:82, venue shall be laid in that county.
(b) Guardianships and Conservatorship Actions. In an action for the appointment of a guardian for an alleged mentally incapacitated person or of a conservator, venue shall be laid in the county in which the alleged mentally incapacitated person or conservatee is domiciled at the commencement of the action, or if at that time the person has no domicile in this State, then in any county in which the person has any property.
(c) Actions by or Against a Fiduciary. In an action brought by or against a fiduciary who received letters of appointment in this State (1) to account for the estate, real or personal for which the fiduciary is chargeable, or (2) for the construction of the will or other instrument by which the fiduciary was appointed, or (3) for directions by the court as to the fiduciary's authority or duties, venue shall be laid in the county in which the fiduciary received the letters of appointment.
(d) To Appoint Inter Vivos or Substituted Trustee. In an action for the appointment of a trustee or substituted trustee of an inter vivos trust, venue shall be laid in the county in which there is any property of the trust estate at the commencement of the action or in the county in which a trustee is domiciled at the time the action is commenced. All subsequent proceedings affecting the trust including the appointment of an additional or substituted trustee, shall be brought in the original venue.
(e) Other Actions. In all other probate actions, venue shall be laid in accordance with R. 4:3-2(a).
History
Note: Source – R.R. 4:116-1 through 5. Former R. 4:98 deleted and new R. 4:83-4 adopted June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 12, 2002 to be effective September 3, 2002.
Provenance
- Source
- njcourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
ae3b3a3b3875b6a4aa46224e0d2bf333a8ee00c92e4f89c5f8abe6510f68e0d4
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